The Local Government Commission (LGC) has finally filed its appeal of the ruling of Justice Simone Morris-Ramlall, which nullified the dismissal of Georgetown Town Clerk Royston King, sources have said.
While LGC Chairman Mortimer Mingo has told this newspaper that he was not sure if the appeal had been filed, usually reliable sources have indicated that the documents were submitted to the court on Friday.
On September 13th, Justice Morris-Ramlall ruled that the Justice Cecil Kennard-led Commission of Inquiry (CoI) which recommended disciplinary action against King, resulting in his sacking, was unlawfully established and all of its decisions were null, void and of no effect.
As a result, the judge said King, who, had been dismissed for gross misconduct, remained Town Clerk with the status quo being that of September 21st, 2018, when he was sent on administrative leave.
Justice Morris-Ramlall premised her ruling on the argument that the LGC acted unlawfully when it delegated the investigation to an entity which was not a local government organ or authority.
“The intention of the Local Government Com-mission Act is clear. The respondent [the LGC] is permitted to delegate its powers but only within the local government system,” the judge ruled.
King had been dismissed via a letter, dated January 23rd, 2019, that cited gross misconduct as the reason for the dismissal, which was based on the findings of the CoI.
This newspaper understands that the grounds for appeal will rest on the fact that Justice Kennard was a “contracted employee” of the commission and therefore the CoI he conducted was part of rather than separate from the commission.
“As a former Chancellor it is unlikely that Justice Kennard would’ve taken the job if he was not confident of its legality. The commission also obtained legal advice before, during and after the CoI. It is that advice which now guides the appeal,” a source explained.
